Requena v. Cook County Officers Electoral Board

692 N.E.2d 1217, 295 Ill. App. 3d 728, 230 Ill. Dec. 51, 1998 Ill. App. LEXIS 145
CourtAppellate Court of Illinois
DecidedMarch 16, 1998
Docket1-98-0561
StatusPublished
Cited by12 cases

This text of 692 N.E.2d 1217 (Requena v. Cook County Officers Electoral Board) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Requena v. Cook County Officers Electoral Board, 692 N.E.2d 1217, 295 Ill. App. 3d 728, 230 Ill. Dec. 51, 1998 Ill. App. LEXIS 145 (Ill. Ct. App. 1998).

Opinion

JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

Petitioner Berta Requena appeals from a circuit court order affirming the January 30, 1998, decision by the Cook County Officers Electoral Board (Board) not to permit her name to be placed on the March 17, 1998, Democratic primary ballot for the office of judge of the circuit court of Cook County to fill the vacancy of the Honorable Gino DiVito. This court considered the matter on an expedited basis and, in a separate order, reversed the judgment of the circuit court and ordered petitioner’s name to be placed on the March 17, 1998, Democratic primary ballot for the office of judge of the circuit court of Cook County to fill the vacancy of the Honorable Gino DiVito. Our reasons therefor now follow.

I. FACTS

Petitioner filed nomination papers for the circuit court judicial vacancy for the upcoming primary, including a receipt for the statement of economic interest filed with the Secretary of State pursuant to section 4A — 104 of the Illinois Governmental Ethics Act (Ethics Act) (5 ILCS 420/4A — 104 (West 1994)). Petitioner stated on the statement and corresponding receipt that she was filing for the office of “Circuit Court of Cook County.”

Objector Edward Wiley filed a verified petition challenging petitioner’s nomination papers with the Board, asserting that the statement did not properly state the office sought and thus the nomination papers were invalid.

After conducting a hearing, the Board sustained Mr. Wiley’s objection and did not permit petitioner’s name to be placed on the ballot. The Board found that petitioner did not adequately designate the office she sought on her statement of economic interests, as she failed to specify which of the 23 judgeships on the circuit court of Cook County she sought. The Board noted she listed only “Circuit Court of Cook County” as the office designation on her statement, and found the statement to be inadequate as a matter of law.

On February 18, 1998, the trial court affirmed the Board’s decision to keep petitioner’s name off the ballot. It is from this order that petitioner appeals.

II. ANALYSIS

The purpose behind the Election Code’s requirement that a candidate file a statement of economic interests is to facilitate the public’s right to information concerning financial dealings between a candidate and the unit of government in which he or she seeks office. 10 ILCS 5/10 — 5 (West 1994); Bryant v. Cook County Electoral Board, 195 Ill. App. 3d 556, 553 N.E.2d 25 (1990). In the present case, neither the objector nor the Electoral Board challenges the economic disclosures within petitioner’s statement; in fact, petitioner declares no economic interests in her statement.

Rather, the issue is whether petitioner accurately identified the office that she was seeking on the statement of economic interests and, if not, whether removal from the ballot is an appropriate sanction.

Petitioner first contends that her statement of economic interest was correctly filed and that including the phrase “Circuit Court of Cook County” sufficiently described the office she was seeking. We cannot agree.

The document itself explicitly requires a more specific description of the office sought. The statement calls for the following: “DEPARTMENT OR AGENCY — and office or position of employment for which this statement is filed.” The phrase “Circuit Court of Cook County” does not fully indicate what office or position of employment petitioner is seeking and thus is incomplete.

We believe the statement of economic interests should indicate the office she is seeking is that of judge of the circuit court of Cook County. Ideally, the description should include the vacancy sought by petitioner, in this case, the vacancy of the Honorable Gino DiVito. This would ensure the document completely and accurately informs the public of the nature of petitioner’s candidacy.

In Lewis v. Dunne, 63 Ill. 2d 48, 344 N.E.2d 443 (1976), the candidate listed the office he sought as “Judge of the Appellate Court, First Judicial District” on his statement of candidacy, but did not specify the vacancy. The supreme court overturned the Electoral Board’s decision that failure to specify the vacancy in his statement of candidacy rendered his nominating papers invalid. Likewise, we agree that, for purposes of a statement of economic interests, the inclusion of the judicial vacancy is preferable, but not necessary, in order for the statement to be complete and accurate regarding the office or position sought.

The situation in the present case is similar to that in Jones v. Municipal Officers Electoral Board, 112 Ill. App. 3d 926, 446 N.E.2d 256 (1983). In Jones, a candidate for an aldermanic election filed a statement of economic interests that failed to designate the office for which the statement was filed beyond the words “3rd Ward.” The court found that the words “3rd Ward” did not adequately describe the office of alderman of the third ward as required not only by section 4A — 104 of the Ethics Act, but also by section 10 — 5 of the Election Code, which provided that “‘[njomination papers *** are not valid if the candidate named therein fails to file a statement of economic interests *** in relation to his candidacy.’ ” (Emphasis in original.) Jones, 112 Ill. App. 3d at 929, quoting Ill. Rev. Stat. 1981, ch. 46, par. 10 — 5(3).

The present case is factually analogous to Jones. In the present case, petitioner also failed to adequately indicate which office she was seeking. However, we differ from the Jones court as to what sanction is appropriate for such an error in a statement of economic interests.

In Jones, the court found the requirement that a candidate file a statement in relation to his candidacy (i.e., include the office sought) to be mandatory, not directory. The court held that removal from the ballot is therefore a proper sanction for failure to comply. Jones, 112 111. App. 3d at 929. In light of more recent case law on the subject of sanctions, we find that the sanction in Jones, removal from the ballot, is not appropriate in the present situation.

In support of the assertion that removal from the ballot is an improper sanction for failure to adequately indicate what office she sought, petitioner cites Welch v. Johnson, 147 Ill. 2d 40, 588 N.E.2d 1119 (1992). In Welch, the Illinois Supreme Court held that “removal from the ballot is not a permissible sanction for the filing of a statement of economic interests which is not true, correct and complete when filed with the appropriate officer merely due to the inadvertence on the part of the person filing the statement.” Welch, 147 Ill. 2d at 51.

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Bluebook (online)
692 N.E.2d 1217, 295 Ill. App. 3d 728, 230 Ill. Dec. 51, 1998 Ill. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/requena-v-cook-county-officers-electoral-board-illappct-1998.